HomeMy WebLinkAbout485509 COLORADO SPECIAL DISTRICTS PROPERTY - PURCHASE ORDER - 9150411Fort Collins
Date: 01/16/2015
PURCHASE ORDER
PO Number Page
9150411 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 485509 Ship To: POUDRE FIRE AUTHORITY - AD
COLORADO SPECIAL DISTRICTS PROPERTY 102 REMINGTON
AND LIABILITY POOL FORT COLLINS CO 80524
C/O MCGRIFF, SEIBELS & WILLIAMS INC
PO BOX 1539
PORTLAND OR 97207-1539
Delivery Date: 01/15/2015 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Workers' Comp Ded Claim
Invoice date 05-Jan-15
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm
1 LOT LS
7,900.97
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rchase Order Terms and Conditions Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By nmmre the Ciry Of Fort Collins is exempt from suite and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600058I is registered with the Collector of
Internal Revenue, Demeq Colorado (Ref. Colorado Revised Strata 1973, Chapter 39 26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to area specifications, either when shipped or due to def ass of
damage in transit, may be teamed to you for credit end arc not at be replaced except upon receipt of wrinen
instructions from the City of Fon Collins.
Inspection GOODS are subject to the City of Fan Collins inspection on anival.
Final Accepance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on its, pan of the City of Fort Collins. However, it is to be understood Nat FINAL
ACCEPTANCE is dependent upon completion ofall applicable acquired inspection procedures.
Freight Teats. Shipments mwr be TUE., City of Fort Collins. 71) Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay fight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have disuibcting points in various pans of the country, shipment is
expected farm me account distribution Point to destination, and excess freight will be deducted from Invoice when
shipments are made farm greeter chmanne.
Permits. Seller shall procure at sellers sole cost all .., permits, amftcates had licenses required by all
applicable laws, regulations, ordinances and tales of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constiamd public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules
recuirmants.
Arrafficamartim. All panics to this contract agree mat fe mpaciam gives are, iv fact, bow fide and possess full and
complete authonry to bind said parties.
LIMITATION OF TERMS. This Purchase Orda expressly limits acceptance 1. the terms and conditiow stated
herein set tomb and any supplementary or additional terms and conditions aanexcd hereto or incorporated heroin by
reference. Any addition.] or different terns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to acme on your
promised delivery date as noted. Time is of me essence. Delivery and pM rmance most be eBFcred within the time
sated m the purchase order and the documents anached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In me event ofany delay,
the Purchaser shall have, in addition to other legal and equitable acmedies, the option ofplacing this order elsewhere
and holding to Seller liable for damages. However, me Seller shall not be liable for damages as a result of delays
due at causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts i God, acts of civil or military authorities, governmental priorities, Does, strikes, flood, epidemics, wars or
Hots provided that notire of me conditions causing such delay is given to fie Purchaser within five (5) days of the
time when the Seller first received knowledge fereaf. In me event of my such delay, the date of delivery shall be
eaended far the pentad eqml to me time actually lost by reason of fe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, spanifimtions, samples and/or other descriptions given, will be fit for the pmlfims intended, and
performed with the highest degree of core and competence in accordanw with accepted standard for work of a
similar ware. The Sella agrees to hold the purchaser armless from any loss, damage or expense which the
Purchase, may suffer or incur on account oldie Sellers breach of warranty. The Seller shall replace, repairer make
good, without chant to the parchaur, my defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms army applicable warranty provided by me Sella after the date of
acceptance of the goods frnishN hereunder (accepmnee not , be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this wananty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the branch of any of the foregoing wonanlaw
or guarantees, but such liability shall in no event include loss ofpci or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser arty mike any canes to the moms, other tht. legal terms, including additi0w to or deletions from
the Families originally ordered in me specifications or drawings, by verbal or written change order. If any such
change nine. the... due or me time oTalinrmtnce hereunder, m be equitable adjustment shall rwde.
fi. TERMINATIONS.
The Purchaser may at any time by wrincn change order, terminate this agreement as to any or all portions of the
goads fen not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any, claims for anticipated parties on the uncompleted
potion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor Of the Seller with respect to my good which are me Sellers standurd stock. No such termination shall relieve
the Purchaser or the Sella ofany offeir obligations as to my goods delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within may (30) days from the date me change or temaination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and punished in strict
compliance with all applicable laws and regulation¢ to which the good ere subject. The Sella shall execute and
deliver such documents m may be required to effect or evidence compliance. All laws and regulations restaurant to be
morporated in agreements of this carmter are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages sufficient by to Purchaser in a result of the
Sellers failure to comply wif such In.
9. ASSIGNMENT.
Neither party shall i nsign, transfer, or convey this order, or any monies due or become due hereunder without the
prior women consent offe other pray.
10, TITLE.
The Seller warrants full, clear and concentrated title, One Purchaser (or all equipment, materials, and items f ished
in performance of mis amntfreed ens greee, aclear of any and all li, refiionser nfi, resvamaturityres tions, rity inherent
encum umces and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment far goods hereunder an opproval ofine design, shall not release me Seller of
any of the warromia or obligations of this purchase maker and shall not he darned a waiver of my right of the
purchaser to insist upon .in performvue hereof., my or its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, m to any prior or subsequent default hereun la, nor shall any par coned
oral malifl atom or rescission of this purchase aide, by the Purchaser operate . a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in acrual commarmic practice, Govenclarxv numbing farm antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
random orda, fie Seller hereby assigns to me Parehawr any and all claims it may now have or hareafer
acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services
purchased or an,mad by the Function, pursumt to this purchase maker.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If me Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller mercafer indicates its inability or unwillingness to comply, the Purchaser
may cause the work 0 be performed by the most expeditious means available to it, and me Seller shall pay all
costs associated with such work.
The Sella mall relense the Purchaser and its contractors of any her farm all liability mall claims of any nacre
resulting from the performance ofsuch work
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of.urh party.
The Sellers command obligations, including maturity, shall not be deemed to be rducN, yr any way, because
such work is perforated or caused to be performed by me Purchaser.
14. PATENTS.
Whenever the Seller is required m use any design, device, material or process covered by later, pant, trademark
or copyngbh the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, moaner] or process in connection with me contract, and
shall indemnify the Purchua for any cost, expense or damage which it maybe obliged a pay by reason of such
infringement many time dung the prosecution or after the completion of the work. In caw, said equipment, or
any pan thereof or the intended use of me good, is in such suit held an consulate infringement and the use of
said equipment at pan is enjoined, the Sella shall, in is own expense and at its option, either procure for me
Purchaser me right to continue using said equipment or pans, replace the same with substantially equal but
maninfinging equipment, or modify it so it becomes noninfringin,
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an ansignmeat for me benefnt of credimrs, appoint a
receiver or trustee for my of fe Sellers property or business, this order may foMwith b, canceled by me
Pumhnser without liability.
16. GOVERNING LAW.
The definitions of reams used or the interpretation of fe agreement and the fights atilt parties hereunder shall be
conswed under and governed by the laws of fe State ofCulorado, USA.
The following Additional Conditions apply only in caws where the Sella is , perform work hereunder,
including the services of Sellers Represenative(s), on the pmnises ofothers.
❑. SELLERS RESPONSIBILITY.
The Seller shill carry an said work at Sellcls own risk until me same is fully completed anal accepted, and shml,
in u of my accident, destrmtion or injury to the work and/or materials before Sellers fiml completion and
acceptance, complete me work at Sellers own extrenu and to the satisfaction of the Purchaser. When materials
and equipment are fumished by others for installation or erection by the Sella, the Sella shall receive, unload,
store and handle sane at the site and become responsible therefor m though such materials ardor equipment
were being famished by fie Sella under fe order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupmlowl
disease beneflu, , its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the suite in which the work is to be done. The Seller
shall also cart, comprehensive general liability including, but not limited on, contrectnal and automobile public
liability insurance wins bodily injury and death limits of at leas, s30o 00o for any one person. 5500 ow for any
one accident and property damage limit per accident of 5400,010. The Sella shall likewise require his
wmractors. if any. to provide far such cnmpewtion and insurance. Before my of the Sellers or his contractors
employees shall da any work upon the premises of others, the Seller shall rumianh to Puchaser with a cmin ate
that such compaumimn and insunnve have been provided. Such renifaa shall specify fe date when such
compensation and insurance have been provided. Such eenifcams shall specify the date when such compensation
and insnmnce expires. The Seller agrees that such compensation and insurance shall be maintained until a0m the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire responsibility coal liability for any mail all damage, loss or injury of any kind
or mare whatsoever a persons or Property roused by or resulting from the execution ofine work provided for in
this purchase order or on co mrection herewith The Seller will iMemwfy mad hold armless me Pomhasa and my
or all of the Pumhavers officers, agents and employees farm and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Porchasa may
be put or subject by reason of any act, action, neglect, omission Or default on the pan of the Sella, any of his
contradars, or on, of the Sellers or contractors officers, agents to employees. Inc any mit or men
proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or
by reason of any act, action, neglect, omission or default of the Sella of my of his contrdmors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the def thereof and an
defend fie same at the Sellers own expense, to pay any and all costs, charges, attorneys f had other expenses,
any and all judgments tat may be incurred by or obtained against me Purchaser or my of its or their officers,
agents or employees in such Sits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall tale all safety precautions, burnish and install all guards necessary for me prevention of
accidents, comply with all laws and regulations with regard to safety including. but without Emission, the
Occupational Safety and Health Act of 1970 and all tales and regulations issued pasumt there,.
Revised 07R014